Can You Get Your First DUI Dropped?

A first-time DUI arrest in Pennsylvania can be a stressful and confusing experience. Many questions arise, including the possibility of getting the charges dismissed altogether.  While a complete dismissal isn’t guaranteed, Engle, Kauffman & VanHorn, P.C. can help you explore your options and fight for the best possible outcome.

DUI Laws and Limits in Pennsylvania

Pennsylvania enforces strict DUI (Driving Under the Influence) laws to ensure road safety and deter impaired driving. The state’s legal Blood Alcohol Concentration (BAC) limits are tailored according to the driver’s category, which helps address different risk levels associated with various drivers:

  • Standard Adult Drivers

The BAC limit for most drivers over 21 years old is set at 0.08%. Exceeding this limit can lead to DUI charges, reflecting the national standard for non-commercial drivers.

  • Commercial Drivers

Due to the potential for larger-scale accidents involving buses and trucks, the BAC limit for commercial drivers is set at a lower threshold of 0.04%.

  • Underage Drivers

Pennsylvania implements a zero-tolerance policy for drivers under the age of 21. This means any detectable amount of alcohol can result in DUI charges, reinforcing the strict underage drinking laws.

Consequences of a DUI Conviction

The consequences of a DUI conviction in Pennsylvania vary based on the severity of the offense and whether the individual has previous DUI convictions. Penalties are designed to both punish and deter repeat offenses and can include:

  • Fines

These can range from $500 to $5,000 depending on the offense number and the BAC level.

  • License Suspension

First-time offenders can face a license suspension for up to 12 months, with longer suspensions for subsequent offenses or higher BAC levels.

  • Imprisonment

Sentences may vary from a couple of days to several years for repeat offenders or those with a high BAC at the time of arrest.

  • Mandatory Education and Treatment

DUI offenders may be required to attend alcohol education classes or undergo treatment programs.

The Possibility of Dismissing a DUI Charge

Getting a DUI dropped requires a strong defense strategy. Several factors can influence the possibility of dismissal:

  • Field Sobriety Test Validity

The reliability of field sobriety tests can be questioned. These tests, which may include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are subject to subjective interpretation by the officer and can be influenced by a variety of factors such as uneven ground, poor lighting, or physical impairments unrelated to alcohol consumption.

  • Medical and Health Conditions

Certain medical conditions can affect the results of breathalyzer tests or mimic the symptoms of intoxication. Conditions like diabetes, gastroesophageal reflux disease (GERD), or even a high-protein diet can produce false positives or misleading BAC levels.

  • Rising Blood Alcohol Concentration

It is possible to argue that the defendant’s BAC was below the legal limit while driving but rose between the time of the traffic stop and the administration of the BAC test. This could occur because alcohol takes time to be absorbed into the bloodstream.

  • Improper Police Conduct

A skilled PA criminal defense attorney may also scrutinize the conduct of the arresting officers for any signs of impropriety or bias. For example, if an officer has a history of making unlawful stops or has not adhered to the standardized procedures for DUI checkpoints, these issues could be leveraged in defense.

  • Chain of Custody Errors

Beyond initial handling errors, the broader chain of custody for BAC samples must be meticulously maintained. Any lapse in this process, such as samples being left unsecured, incorrectly labeled, or tampered with, can be grounds for challenging the admissibility of the evidence.

  • Inadequate Police Documentation

Inadequate or inaccurate police reports can be challenged. If the officer’s report is inconsistent with video evidence, witness testimony, or contains factual inaccuracies, these discrepancies can undermine the prosecution’s case.

  • Suppression Motions

Legal motions to suppress evidence based on violations of constitutional rights, such as unlawful search and seizure, can be filed. If successful, these motions can result in significant parts of the prosecution’s evidence being ruled inadmissible at trial.

  • Expert Testimony

Utilizing expert witnesses in fields such as toxicology, forensic science, and law enforcement procedures can provide critical insights that challenge the state’s case. These experts can offer alternative interpretations of the evidence or point out flaws in the state’s analysis.

Strategies for DUI Defense

Engle, Kauffman & VanHorn, P.C. utilizes a multifaceted approach to defending DUI charges, which is tailored to the unique circumstances of each case. Our defensive tactics are not only rooted in challenging the prosecution’s evidence but also in leveraging rehabilitative and diversionary programs that Pennsylvania law offers. Here are key strategies for defending yourself when charged with DUI:

  • Participation in Diversion Programs

Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program offers an alternative to conventional prosecution, allowing offenders to potentially have their charges dismissed and arrest records expunged after fulfilling specific requirements like community service and safety courses. Successful completion of the ARD program not only clears the individual’s legal record but also avoids severe penalties such as license suspension and fines.

  • Constitutional Challenges

Criminal defense attorneys meticulously examine each DUI case for potential violations of constitutional rights, including the legality of the traffic stop, arrest, and evidence collection processes. Any violations found can lead to the suppression of evidence, which often cripples the prosecution’s ability to argue their case effectively.

  • Negotiation for Plea Bargains

When dismissal of charges is not feasible, negotiating plea bargains becomes a key strategy. Engle, Kauffman & VanHorn, P.C. works to reduce DUI charges to lesser offenses with lighter consequences, such as converting a DUI to a reckless driving charge, thereby mitigating the penalties and long-term impact on the client’s record.

  • Use of Scientific Expertise

Engage forensic experts to challenge the validity and reliability of BAC testing. These experts can provide crucial testimony about potential errors in the calibration of breathalyzers or the administration of blood tests, introducing reasonable doubt regarding the accuracy of the evidence against the client.

  • Presentation of Mitigating Factors

An experienced criminal defense attorney PA presents mitigating factors that reflect positively on the client, such as absence of prior criminal history, community involvement, and any personal circumstances contributing to the incident. Demonstrating the client’s remorse and proactive engagement in substance abuse programs can significantly influence judicial outcomes in their favor.

  • Review of Technological Evidence

The attorneys ensure a thorough analysis of all video evidence from police body cams and dash cams, which can be critical in assessing the conduct of both the arresting officer and the defendant during the incident. This review often reveals inconsistencies or procedural errors that can be pivotal in court.

  • Scrutiny of Police Reports and Procedures

Conduct detailed reviews of police reports and the procedures followed in evidence collection and processing. Any discrepancies or procedural errors identified are used to challenge the integrity of the evidence and, by extension, the charges themselves.

If you face a DUI charge and are unsure about your next steps, reaching out to a knowledgeable PA criminal defense attorney can make a significant difference in your case.

Your Next Steps with Engle, Kauffman & VanHorn, P.C.

Confronting a DUI charge can feel overwhelming, but you don’t have to face it alone. Engle, Kauffman & VanHorn, P.C. stands ready to assist you through each step, aiming to achieve the best possible outcome. Our firm is committed to defending your rights and striving for a resolution that minimizes the impact of a DUI charge on your life. For comprehensive support and defense in DUI cases, contact us today to discuss your situation and explore your options.